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The terms and explanations are for the law in England and Wales.
The copyright on this guide belongs to Plain English Campaign. Please contact
us if you want to reproduce any part of it.
You can click on any of the letters below to skip to a particular section of the A
to Z list.
A- B- C- D - E- F- G- H- I- J- K - L- M- N- O- P- Q- R
- S- T- U- V- W- Y
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stopping a nuisance;
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made in Parliament;
in fair and accurate news reporting of court
proceedings; or
made during court proceedings.
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Acknowledgement of
service
Actual bodily harm hurting another person but less severely than would
amount to grievous bodily harm.
Actual loss an insurance term which means that the insured item
no longer exists.
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Adjourned sine die when a court case has no date fixed for it to
continue.
Adjudication order the former name for a court order which made
someone bankrupt. It has now been replaced with
the term bankruptcy order.
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Advocate is:
Affirm to:
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Age of consent the age when a girl can consent to have sexual
intercourse. In the UK it is 16.
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Ancient lights the right not to have the light you receive from a
neighbour's land blocked.
Annul to cancel:
an invalid marriage; or
a bankruptcy order.
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Anton Piller order an order by the High Court. It gives the applicant
permission to search the defendant's premises for
evidence, inspect it and take it away. It is intended to
prevent evidence being destroyed or hidden which
would be relevant to the case. (Since April 1999, this
has been known as a 'search order'.)
Appertaining to
Arbitrage is:
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custody.
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Beneficial owner the owner of a piece of land (and the buildings on it).
Beneficial owners have the right:
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Canon law the name for the rules used for running a Christian
church.
Capital allowances allowances that you can sometimes claim when you
buy long-term assets, such as machines, to use in
your business. You claim part of the cost against
your profits before your tax is worked out for the
year.
Capital gain the profit you make if you sell or dispose of a long-
term asset (such as a building) for more than it cost
you.
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Case stated the written statement setting out the facts of a case.
It is produced by a magistrates' court when asking
the High Court for an opinion on the law.
Caution is:
Central Criminal Court the most senior court covering the centre of London.
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Challenge for cause when the defence objects to a juror and says why it
objects.
Challenge to a jury when either side in a case objects to the people who
have been selected to serve on the jury before they
are sworn in.
Challenge to the array when the defence objects to all the jurors.
Charge means:
Chargeable event an event that may create a tax liability (tax bill).
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Charging clause trustees can charge the trust for their services if
there is a charging clause.
Chattels personal the name for tangible goods (goods which can be
touched) such as watches, clothes, furniture and so
on.
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Child Support the amount of maintenance the parent not living with
Maintenance their child must pay.
Circuit any of the six legal regions into which the United
Kingdom is divided up. Each circuit has its own
system to administer the courts within the circuit.
Circuit judge a judge who presides over (is in charge of) cases in
the Crown Court and county courts.
Citation is:
Civil court a court which does not hear criminal cases. It deals
with people's rights such as collection of debts.
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Claim means:
Codifying statute a statute used to bring together all the strands of the
law on a particular subject.
Committal for trial when magistrates look at the evidence in a case and
then send the case to be heard in the Crown Court.
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contempt of court.
Common duty of care the duty of the occupier of premises or land to take
reasonable care of visitors to make sure that they are
kept safe.
Commorientes closely related people who die at the same time, and
it is unclear which of them died first. (This term is
Latin.)
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Compulsory purchase taking land and giving compensation for it. When
land is needed for a project, such as a road, local
authorities and other public bodies can take the land
off the landowner. Compensation has to be paid to
the landowner.
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agreement of the goods until all the instalments have been paid
and all other conditions have been met.
Consistory Court a court for the clergy. There is one in each diocese.
Conspiracy is:
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Contingency fee the claimant's lawyer gets paid the fee only if the
case is won by the claimant. The fee is often a
proportion of the damages won.
Contract for services a contract under which materials and services are
provided by a contractor.
Conversion is:
Conveyancing the name for carrying out all the actions needed to
transfer the ownership of a piece of land.
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County court a court which deals with civil cases such as disputes
over unpaid debts and negligence claims. It does not
deal with criminal cases.
County court judge a judge who presides over (is in charge of) cases in
the county courts.
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Criminal responsibility When someone reaches the age when the law says
they are able to commit a criminal offence they have
reached the age of criminal responsibility.
Cumulative preference
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Defence the name for the team of people (lawyers and so on)
defending against proceedings brought against
someone. It is also in a civil case a written statement
(pleading) by the defendant setting out the facts that
the defence will rely on.
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De minimis non curat the law will not take account of trifling matters. (This
lex phrase is Latin.)
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Discretionary trust a trust in which the trustees can decide who will
benefit from the trust and how much they will get.
Domicile of choice the country in which you make your home, intending
it to be permanent.
Domicile of origin the domicile a newborn child has. This is usually its
father's domicile or, if the father is dead, its mother's.
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Endowment policy a type of insurance policy which will pay out a lump
sum on a fixed date in the future, or when you die if
this happens earlier.
Equitable mortgage the type of mortgage where the purchaser owns the
property which is security for the mortgage.
Estate is:
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Exclusive licence a licence under which only the licence holder has
any rights.
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notice'.)
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Factor is:
Family Division the part of the High Court dealing with marriage
breakdowns and probate.
Felony the former term used for serious crimes such as rape
or murder. It is still in use in the USA.
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Fixed charge a charge which provides security for money lent. The
charge is over a specific property.
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illness.
Freehold describing land that only the owner has any rights
over.
Free of encumbrances no one else having any rights over something. When
property is owned by someone and nobody else has
any rights over it, it is owned free of encumbrances.
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High Court (of Justice) part of the Supreme Court. It is split into three
divisions called:
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children; or
the matter to be decided by a court action.
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Joint and several two or more people responsible for repaying a debt.
liability They are each responsible individually to repay all
the debt as well as being responsible as a group.
Joint lives policy a life assurance policy on more than one person's
life. The policy pays out on the first death.
Joint will a single will which two or more people make to cover
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Judge Advocate
General's
(Office of the)Judge
Judgement creditor a person who is owed money and who has been to
court and obtained a judgement for the money owed.
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Judicial immunity immunity that a judge normally has from being sued
for damages when acting as a judge.
Judicial separation a court order that two married people should live
apart.
Jurisdiction is:
Justifying bail proving to the court that the person giving the surety
has the assets to pay the bail.
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Land includes:
Legal aid scheme a scheme for paying legal costs out of public funds
for people who cannot afford to pay for them.
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Life interest an interest which will pass to someone else when the
present owner dies.
Life tenant someone entitled to use property for the rest of their
life.
Limited company a company which limits how much its members will
have to pay if the company is wound up. The
members of most limited companies will only have to
pay any money unpaid on their shares. If a company
limited by guarantee is wound up, the money its
members have to pay is limited to the amount shown
in the memorandum of association.
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Magistrates' court the lowest court. The things it deals with include
minor criminal cases, most criminal cases involving
10- to 17-year-olds, issuing alcoholic drink licences
and hearing child welfare cases.
Majority the age when a person gains full legal rights and
responsibilities. In the UK it is when a person
becomes 18 years old.
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to divorce people;
to separate a married couple; or
to dissolve a marriage.
Mens rea the intent to commit a crime and also the knowledge
that an act is wrong. (This term is Latin.)
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Minor someone who has not yet reached the age when
they get full legal rights and responsibilities. In the
UK this is a person under 18 years old.
Misfeasance when:
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Naked trust a trust which holds property for a person until they
ask the trustee to return it.
is signed;
is an instruction to pay an amount of money;
can have its ownership changed by changing
the name it is paid to; and
can have its ownership changed simply by
being delivered to its next owner.
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Not guilty a court's verdict that the person charged with a crime
did not commit it. When criminal court cases start the
defendants are asked for their pleas. If they want to
deny they committed the offence they plead not
guilty.
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Originating summons a summons that sets out the questions the court is
being asked to settle. When the facts in a case are
not disputed, but the interpretation of the law or of
the documents needs to be resolved, an originating
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summons is prepared.
Overt act an act done openly and from which the criminal
intention of the act is clear.
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Panel the list of people who have been summoned for jury
service.
Passing off pretending that the goods and services offered are
those supplied by another business.
Payment into court money paid to the court by the defendant for
payment to the claimant ('plaintiff' before April 1999).
Penalty is:
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Perverting the course doing something to interfere with the justice system
of justice (such as misleading the court or intimidating
witnesses).
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Plea bargain when the defendant pleads guilty instead of not guilty
in return for a concession by the prosecution (such
as dropping another charge).
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Pre-emption the right to buy property before others are given the
chance to buy.
Principal is:
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Privity of contract only the parties to a contract can sue each other
over breaches of contract.
Probate Registry a registry which deals with the forms which are
needed when someone applies for probate.
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Prosecution the name for the team of people (lawyers and so on)
bringing proceedings against someone else. Also
when legal proceedings are taken against someone
it is called a prosecution.
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Quarter days in England the days when payments which are made
every quarter should be paid. The quarter days are
the days that the seasons are said to start. The
actual dates and their names are:
Queen's Bench part of the High Court. Its main function is to deal
Division with civil cases.
Queen's Counsel (QC) a barrister who has been chosen by the Lord
Chancellor to serve as counsel to the Crown. A
Queen's Counsel is more senior than other
barristers.
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Real estate land owned by someone who has died. In the USA it
is also land and buildings used for business
purposes.
Real property land and buildings, minerals in the land and rights
over the land.
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Release means:
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Representation is:
Residuary legacy what remains to be given out from an estate after all
debts, taxes and specific legacies have been paid.
Res ipsa loquitur proof is not needed because the facts speak for
themselves. If the defendant was in charge of events
and an accident was caused on the face of it by
negligence, then it may be presumed that the
defendant was negligent unless there is evidence to
the contrary. (This term is Latin.)
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Restitution is:
Reversion
Revocation cancellation.
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Satisfaction is:
paying a debt;
settling an obligation by an act; or
settling an obligation by substituting something
satisfactory for what was originally required.
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Separation order a court order that a husband and wife can live
separately if they wish.
Settle means:
to create a settlement;
to end a case by agreement; or
to draw up a contract and agree its terms.
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Shorthold tenancy a tenancy under which the law allows the landlord to
repossess the house.
Small claims court a section of the county court which deals with small
claims. There is a simplified way of making a claim in
the county court in a civil case where the claim is for
no more than £5000 (or £1000 in personal injury
cases). Neither side can claim costs.
Solicitor a person who can deal with legal matters for the
public and give advice on legal matters. All solicitors
are listed on the roll of solicitors kept by the Law
Society.
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Statement of claim the claimant's written statement setting out the claim
in a civil case. (This term has not been used since
April 1999.)
Statute of limitation a statute which sets out the time limits within which a
court action must take place.
Statutory accounts company accounts which have been filed with the
Registrar of Companies. The accounts have to
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Stockbroker a person who buys and sells stocks and shares for
clients.
Subduct to withdraw.
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Superior courts the higher courts in English law, which include the
High Court, the Court of Appeal, the Crown Court
and the House of Lords. Their decisions act as
precedents for the lower courts to follow.
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Supreme Court the highest court below the House of Lords. The full
name is the Supreme Court of Judicature. It is
divided into:
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Tax point the date when value added tax arises on goods or
services supplied (or made available) to a customer.
The tax point should be displayed on invoices. It is
not necessarily the same as the date of the invoice.
Teeming and lading a term used to describe attempts to hide the loss of
cash received from one customer by using cash from
other customers to replace it. This fraud can carry on
by using cash from other customers in the same
way.
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Treasury Solicitor the person who gives legal advice to the Treasury.
Tribunal is:
create a trust;
change a trust; or
control a trust.
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Unsecured creditor someone who has lent money without getting any
security for the loan.
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Vesting order a way the High Court transfers land without the need
for a conveyance.
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Warrant is:
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Writ of execution a type of writ ('claim form' since April 1999) used
when a court judgement needs enforcing.
Writ of summons a type of writ ('claim form' since April 1999) used to
start a civil case in the High Court. (This has been
known as a 'claim form' since April 1999).
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